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Partner
Practice Focus
Product Liability Litigation
Eric Rubel is co-chair of the firm’s product liability litigation practice group. He served as General Counsel to the US Consumer Product Safety Commission (CPSC) from 1994 to 1997.
Mr. Rubel focuses his practice on product safety matters and related litigation. He has extensive experience as a product safety lawyer helping companies assess their compliance with CPSC regulations, in developing effective recalls in the US and as part of coordinated global corrective action plans, and in defending CPSC enforcement actions. He also represents a number of companies, both large and small, in helping them to understand, comply with, and adapt their operations to address the Consumer Product Safety Improvement Act (CPSIA)—groundbreaking legislation that was signed into law in August 2008.
In addition, Mr. Rubel helps clients manage and coordinate the various litigation and regulatory matters that may arise out of product safety issues—including class action consumer litigation, business disputes, and ongoing compliance with agency regulations. For example, Mr. Rubel successfully led the defense of a major retailer in defeating class certification in two cases in which plaintiffs sought to require the nationwide recall of products. In those same cases, Mr. Rubel helped obtain from CPSC decisions that the products did not present a substantial product hazard, and thus that recalls were not warranted.
Mr. Rubel’s experience as a product safety lawyer includes representing manufacturers, distributors, and retailers of clothing, toys and other children’s products, sporting goods, household appliances, furniture, heating and cooling equipment, computer equipment, premiums, building materials, fire safety equipment, packaging, motor vehicle equipment, pharmaceutical drugs, cosmetics, and other products.
Further, Mr. Rubel has experience assisting companies in conducting due diligence concerning product safety issues in connection with mergers and acquisitions.
Mr. Rubel writes and speaks frequently on product safety issues.
Representative Matters
Rankings
Chambers USA: America's Leading Lawyers for Business 2012 for Products Liability & Mass Torts
Chambers USA: America's Leading Lawyers for Business 2011 for Products Liability
Named to The BTI Client Service All-Star Team for Law Firms 2010
Legal Media Group's Guide to the World's Leading Product Liability Lawyers 2010
Articles
Eric A. Rubel "Consumer Product Safety Notification Requirements: Section 15 of the Consumer Product Safety Act" (PDF: 179 kB) BNA, Inc., Product Safety & Liability Reporter, October 27, 2008
Eric A. Rubel and Matthew Eisenstein "The TREAD Act and NHTSA's Implementing Regulations: What Motor Vehicle Equipment Manufacturers Need To Know" (PDF: 529 kB) Reproduced with permission from Product Safety & Liability Reporter, Vol.31, No.6, pp.131-135. Copyright 2003 by The Bureau of National Affairs, Inc. - January 10, 2003
Eric A. Rubel "Regulatory Developments for Clothing Flammability: What the Apparel Industry Must Know About CPSC's Recent Actions" (PDF: 427 kB) Product Safety & Liability Reporter. Reproduced with permission from Product Safety & Liability Reporter, Vol. 27, No. 48, pp. 1177-1181. Copyright 1999 by The National Affairs, Inc. - December 3, 1999
Eric A. Rubel "Easing Some Of The Pain Of Corrective Actions: CPSC'S No Preliminary Determination Policy" (PDF: 348 kB) Reproduced with permission from Product Safety & Liability Reporter, Vo.25, No.16, pp. 382-385. Copyright 1997 by The Bureau of National Affairs, Inc. - April 18, 1997
Blogs
Alison Brown, Tom Fox and Eric A. Rubel "The General Product Safety Directive (GPSD) is Dead. Long Live the Consumer Product Safety Regulation (CPSR)!" Consumer Advertising Law Blog, February 20, 2013
Books
Eric A. Rubel "Current Issues in U.S. Consumer Product Safety Commission Section 15 Notification Requirements" Ch. 3, Product Liability, Robin Cantor ed., ABA, 2011
Presentations
Eric A. Rubel "When Recalls are Not 'Voluntary'" ABA/International Consumer Product Health & Safety Organization, Arlington, VA, March 1, 2013
Eric A. Rubel, Matthew Eisenstein and Zachary B. Allen "Advanced Product Safety Course for Industry Professionals" St. Louis University, September 25, 2012
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Washington, DC, April 19, 2012
Eric A. Rubel "Consumer Product Safety Requirements: Compliance and Risk Reduction" Certificate in Product Safety Management, St. Louis University, April 17, 2012
Eric A. Rubel "CPSC Penalties and Enforcement: Current Topics" ABA/International Consumer Product Health & Safety Organization, Orlando, FL, March 1, 2012
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Arlington, VA, May 5, 2011
Eric A. Rubel "Mock Jury Exercise, CPSC Penalties for Late Reporting" ABA/International Consumer Product Safety Health & Safety Organization, Orlando, FL, February 25, 2011
Eric A. Rubel "Challenges in Dealing with Litigation" Center for America, Atlanta, GA, December 2, 2010
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Washington, DC, May 5, 2010
Eric A. Rubel "State Regulation of Chemicals in Consumer Products" International Consumer Product Safety Health & Safety Organization, Washington, DC, February 18, 2010
Eric A. Rubel "Consumer Product Safety and Compliance: A New Paradigm for the Promotional Products Industry" Promotional Products Association International, Las Vegas, NV, January 14, 2010
Eric A. Rubel "Planning and Executing World Class Recalls Panel" 2009 Product Safety and Liability Conference, Association of Home Appliance Manufacturers; Consumer Electronics Association; Air-Conditioning and Refrigeration Institute, Washington, DC October 2009
Eric A. Rubel "CPSC Civil and Criminal Penalties" ABA Consumer Products Regional Workshop, Washington, DC, September 17, 2009
Eric A. Rubel "U.S. Consumer Product Safety Commission: Reducing Risks from Changing Requirements" Personal Care Products Council, Vancouver, BC, June 19, 2009
Eric A. Rubel "Consumer Product Safety Improvement Act: Premiums and Promotional Products, Reducing Risks from New and Evolving Requirements" Promotions East 2009, Atlantic City, NJ, June 3, 2009
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Washington, DC, March 2009
Eric A. Rubel "Children's Exposure to Chemicals in Consumer Products" International Consumer Product Safety Health & Safety Organization, Orlando, FL, February 2009
Eric A. Rubel "Consumer Product Safety Improvement Act" American Bar Association, Washington, DC, October 2008
Eric A. Rubel "Consumer Product Safety Law Seminar: Legislative Update" International Consumer Product Safety Health & Safety Organization, Washington, DC, February 2008
Eric A. Rubel "US Consumer Product Safety Commission Notification Requirements: Reducing Risks to Consumers, Brand and the Bottom Line" Promotion Marketing Association, Chicago, IL, November 2007
Eric A. Rubel "Recall Effectiveness Panel" Association of Home Appliance Manufacturers, Alexandria, VA, October 2007
Eric A. Rubel "Lifecycle of a Product, Electrical and Electronic Products, Coming Off the Market" International Consumer Product Safety Conference, Co-Sponsored by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the International Consumer Product Health & Safety Organization, Beijing, May 2007
Eric A. Rubel "Defending Consumer Protection Class Actions: US Consumer Product Safety Commission - Opportunities and Pitfalls" American Conference Institute, San Francisco, CA, May 2007
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Orlando, FL, March 2007
Eric A. Rubel "Section 15 Trigger Reporting: The First Two Years and Looking Forward" ABA/International Consumer Product Health and Safety Organization, Orlando, FL, February 2007
Eric A. Rubel "Post Market Tracking of Safety Data and US Reporting Requirements" International Consumer Product Health and Safety Organization, Brussels, Belgium, November 2006
Eric A. Rubel "Reducing Product Safety and Liability Risks of Selling Products for the US Market" Arnold & Porter U.S. Investment Symposium, Beijing, China, October 2006
Eric A. Rubel "Managing Recalls in the New Global Product Safety Environment" International Consumer Product Health and Safety Organization, Bethesda, MD, May 2006
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability," Perritt Laboratories Symposium, Orlando, FL, March 2006
Eric A. Rubel "Effective Management of a Product in Crisis" BIO, New York City, November 2005
Eric A. Rubel "Reducing Litigation Risks From 'Bad Documents': Golden Rules for Writing" Perritt Laboratories Symposium, Orlando, FL, February 2005
Eric A. Rubel "Section 15(b) Reporting Requirements for Manufacturers and Importers: Is There Room for Improvement?" ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2005
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Orlando, FL, March 2004
Eric A. Rubel "Component Parts vs. Finished Products: CPSC and Product Liability Concerns" ABA/International Consumer Product Health and Safety Organization, Orlando FL, March 2004
Eric A. Rubel "Child-Resistant Closures: Minimizing Potential Liability" Perritt Laboratories Symposium, Orlando, FL, February 2003
Eric A. Rubel "Product Safety Crisis Management" ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2003
Eric A. Rubel "Recent CPSC Civil Penalty Case Law" ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2002
Eric A. Rubel "An Industry Perspective on the 'American Experience'" PROSAFE Recall Conference, Stockholm Sweden, June 2001
Eric A. Rubel "Reducing Litigation Risks Through Document Creation Principles" ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2001
Advisories
"New Year, New Rules: Consumer Product Safety Commission Safety Testing and Certification Rules Taking Effect for Children's Products" (PDF: 393 kB) Jan 2013
"EPA Withdraws Rule Regarding Cadmium in Consumer Products" (PDF: 354 kB) Dec 2012
"Recent Federal Court Decision Guides Companies Challenging Actions by the Consumer Product Safety Commission" (PDF: 368 kB) Oct 2012
"High Court Approves Ban on Classwide Arbitration" (PDF: 375 kB) May 2011
"CPSC Interprets "Children's Product" Definition" (PDF: 392 kB) Oct 2010
"CPSC Issues Final Regulation on Civil Penalty Factors" (PDF: 389 kB) Mar 2010
"New Requirements in Effect; Federal and California Limits on Phthalates" (PDF: 237 kB) Mar 2009
"CPSC Acts on Lead Content Issues with Effective Date Imminent" (PDF: 298 kB) Feb 2009
"Agencies Issue Draft Guidelines for Importers" (PDF: 209 kB) Jan 2009
"CPSC Proposes New Rules to Implement Lead Requirements" (PDF: 255 kB) Jan 2009
"New Rule for EPA Requires Submission of Studies Concerning Lead in Children's Products" (PDF: 308 kB) Feb 2008
"$975,000 Civil Penalty Highlights CPSC's Aggressive Enforcement of Reporting Requirements" (PDF) Mar 2007
"CPSC Announces 'Working Model' for Section 15 Reporting" (PDF) Feb 2005
"CPSC Interim Enforcement Policy for Metal Jewelry" (PDF) Feb 2005
Multimedia
Trenton H. Norris, Harrison M. Pollak,
Eric A. Rubel and Robert D. Scofield.
"WEBCAST: Consumer Products: Avoiding the Crossfire Between State and Federal Regulation" March 16, 2010.
(also available as a Podcast)